Residential Capital LLC on Wednesday received a bankruptcy judge's approval of its liquidation plan a year and a half after it first entered Chapter 11 and just a week after an accord was reached with bondholders who were demanding more than $400 million in additional interest and fees.
In light of a recent Pennsylvania Office of Open Records decision, public utilities and other entities providing information to the state's Public Utility Commission must always keep in mind that materials provided to the PUC may become “public records” despite a protective order prohibiting the dissemination of confidential information, say attorneys with Buchanan Ingersoll & Rooney PC.
While existing risk management protocols and alternative investment compliance programs and policies may be sufficient to integrate Bitcoin, financial services firms should nevertheless keep abreast of regulatory developments, including in money transmission laws. With Bitcoin's global reach, foreign exchange regulations may become more relevant than before, say attorneys with Reyhani Nemirovsky LLP and investment analyst Daniel Gallancy.
The U.S. Supreme Court’s unanimous opinion favoring enforcement of contractual forum selection clauses in Atlantic Marine Construction Co. v. U.S. District Court for the Western District of Texas shows that a party filing suit in violation of such a clause faces a heavy burden to avoid transfer of the case, says Christopher Boeck of Locke Lord LLP.
We offer help with some insight on the more significant new employment-related legislation that, if not already addressed, should be given some thought prior to year-end. For instance, in light of California’s mid-year minimum wage increase, the thing to be careful about now is budgeting for the salary level of your lower level exempt employees, say attorneys with Greenberg Traurig LLP.
Increased filing fees, added discovery, use of experts and other trial aspects have led to inter partes review costs equivalent to simple court litigation. However, if a nonpracticing entity is willing to settle for this same amount or less than the cost of a normal inter partes review, which is often the case, a budget inter partes review should be considered, says Paul Haughey of Kilpatrick Townsend & Stockton LLP.
Congress clearly had email hackers in mind when it drafted the Stored Communications Act in the mid-'80s. But while courts seem to agree that the SCA protects server-resident emails if they are unopened or opened and downloaded, they are split regarding emails that are opened and not downloaded, says Pierre Grosdidier of Haynes and Boone LLP.
Ongoing antitrust disputes in the sports-licensing context involving the NFL and its teams, and the National Collegiate Athletic Association and its member institutions, could have a profound effect on the business of professional and collegiate sports in 2014 and beyond, says Miriam Vishio of Dickstein Shapiro LLP.
The past year has seen a number of major decisions impacting product liability practice, including a very active U.S. Supreme Court regarding the application of the Class Action Fairness Act. While the trend appears to somewhat favor manufacturers, consumer actions will continue to be fertile areas of litigation in 2014, says Eileen Ridley of Foley & Lardner LLP.
Since the U.S. Supreme Court's decision to review CLS Bank International v. Alice Corp. was announced on Dec. 6, the wires have been flooded with alarmist articles, but fears that software patents could be categorically excluded from patent eligibility by judicial decree are misplaced, says Linda Thayer of Finnegan Henderson Farabow Garrett & Dunner LLP.
At a minimum, Pennsylvania’s updated professional conduct rules should give employers additional ammunition to push for using the latest cost-saving technology, such as predictive coding, when defending against litigation in Pennsylvania courts. As a practical matter, however, the effects may be limited, says Jacob Oslick of Seyfarth Shaw LLP.